So you've created an invention or have an idea for an invention what to do next

Do NOT go to a "Patent Research Company"

I spent 6 months going to the library (pre-internet) every weekend and doing my own patent searches because the "company" wanted $5,000 to do "market research" and do pie graphs and a whole bunch of other stuff.

...But only AFTER telling them WHAT it is.

Somehow, about 8 months after my visit, my invention of "Screenies" came out mass-produced in the market. ( [link to www.bettermousepads.com]

If you have an idea -- DON'T share it until after you have protection. (Whatever THAT is).

For example:

Let's say you invent a widget that attaches to your monitor.
HOW does it attach?
If your patent says "with velcro", someone ELSE will re-patent it with a minor change to the design. Saying "attach with sticky tape".

Voila'. It's stolen.

Just exercising poor judgement and sharing some personal experiences on the internet w/a bunch of loonies.

Patent law states that the change has to be well distinguished; not, just a minor change. I agree with you 100% on the above stated information. It is through these life lessons that we can prevent other people from making the same mistake.

Another point on telling people. Always use good judgement and common sense when talking to people about your idea. Don't go tell a large corporation. Talk to friends, family, church members, and some people that you don't know. Don't discuss anything about the design. Just tell them about the idea. This way that you can protect yourself. Sorry for not going into more detail regarding my above statement. You can also get them to sign an NDA if it makes you more comfortable. If someone doesn't want to sign do not disclose.

I want to start off by saying thanks to AC for telling about your personal experience with others. This will help others not make the same mistake.

I would like to further discuss AC's comment about going to a patent research company. The problems with these companies is that they are there to make money through any means necessary. When going to these companies they are not there for the best interest of the inventor. This is a lesson that I had to learn myself. This is the reason that I stated to just apply a little bit of common sense when talking to people about your invention.

This is one example of a little common sense approach. You have a great idea. It is a new software for x product. You decide to go talk to a person that works for x company about your product without any protection. X person takes the product and creates it for himself to get promoted. X company does a press release and your product is in their press release. You don't want to talk to these types of people until you are protected.

Here are a few examples of people that you want to avoid or proceed with caution until you have protection in place.
VC firms
Angle Investors
Investors
Other inventors unless you are good friends with them
Sharing your ideas on an open forum
Business owners unless you personally know them
Large and medium corporations
and etc.


It is always better to do a market survey; before, spending a lot of money on a new product.

What this survey will help you to do is create a business plan or an action plan. It will also show you if their is a need and demand for your product.

PROTECTION
There are a few different types of patent's that you can pursue. There was a current change to patent law. The new law states that it is a first to file instead of first to invent. If you think you have the best idea since sliced bread and do not want to go through the prototyping stage. I recommend first doing a patent search through Google Patent or US Patent Office. See if there are any patents that are similar to your patent. If there are patents similar to yours. You have to make sure the change that you are doing are well distinguished over the existing product. This is not as simple as a material change or adding an extra screw. Once you feel that there might be a chance I would recommend talking to a patent attorney's office and have them conduct a patent search. You are protected under Attorney–client privilege. This will cost a few hundred dollars; but, they will do a thorough job and make sure that you can get protection. You can also go through legal zoom to get this done. Just a piece of advice if you send it off to an online company. Do you research to see if they have stolen anyone's product or ripped off any clients. Here is a great resource for you. [link to www.ripoffreport.com.]

Once you see that you can get protection it is time to really move forward with your product. You can either get the attorney's office to submit for a provisional patent or go through an online patent company. One that I found was good and cheap was [link to www.propatents.com (secure)] They were very professional and did a great job for me. I would also recommend LegalZoom. My recommendation is to always have an attorney fill out and file your patent application. You cannot afford to mess this up. If you are smart enough and up to the challenge I would say go right ahead. Once you have the patent submitted to the US Patent Office this allows you 12 months of protection. The cost can be as little as $300 and up to a few thousand. This will allow you to tell people the product is patent pending. Almost all companies and potential thieves are not willing to steal your idea; because, they do not want to face litigation. You still need to proceed with caution; until, you get the full patent. this doesn't always guarantee you protection. There is nothing that can absolutely guarantee to protect your product from theft. Once example is counterfeit nike shoes.

When you go and present a new product to a large corporation or a VC firm or investor have them sign an NDA (non-disclosure agreement). If you are looking at possibly having other manufactures build your product have them sign an NDA with a non-compete clause. This will prevent them from creating a competing product with your product. If they are not willing to sign you have to ask yourself if you are willing to move forward with this company. Do not show any details of the product without them signing. I can tell you that legitimate companies will be willing to sign an NDA. I have dealt with billion dollar companies before and they have signed NDA's. It might take a few days for you to get it back; but, you will get it back if the company is truly sincere about your product.

If you are trying to close a large company on a sale. They might ask you to leave the product with them. You will have to apply your gut feeling about the company and make a decision about your product safety.

Once you have the professional prototype and patent pending status you are ready to move forward with your product. This will allow you to get investors, buyers, purchase orders, and you can even license the technology to a company.

I am not an attorney. I am just an inventor and business owner trying to offer advice to help future inventors to avoid lands mines. You can either choose to take the safe route or just swing it. By justing building and starting to sell your product this can either bring in great reward for you are cost you everything. If anyone say's that you will become a billionaire overnight. Tell them to stop drinking.